Restorative Justice and the Law by Walgrave Lode;
Author:Walgrave, Lode; [Walgrave, Lode]
Language: eng
Format: epub
Publisher: Willan Publishing
Published: 2011-08-15T00:00:00+00:00
Community has a right to be involved as victim
For many restorative justice commentators the community is a secondary victim of crime (Pranis 1998). As the community has been adversely affected, it has a right to be involved in how to deal with the crime. This understanding gives the community a âdirect stakeâ in the resolution of the dispute due to its need for redress and its responsibility for the resolution and prevention of crime (McCold 1996: 90â2). Thus, âcommunity inputâ may come through the voice of the extended victim, as representative of community as victim. This connects with discussions about the community as stakeholder. However, it is rarely clear what the nature of this âstakeâ is and, consequently, where this conception of community ends. For some commentators this includes âeveryone affectedâ. Indirectly, however this could be extended to include all members of the broader political community, namely the nation state. This merely returns us to the conventional understanding of the role of the public within the traditional criminal justice process. This malleable essence of victimhood â or âvictimalizationâ as Boutellier (this volume) suggests â has become a dominant narrative for contemporary criminal justice. As Garland notes: âIn the high crime society, tiny crimes are viewed cumulatively and âthe communityâ is the collective, all-purpose victimâ (2001: 181). The problem with the âcommunity as victimâ is that it does not take us very far in clarifying the nature of community input or public participation and merely reinforces the notion of âvictimâ as an elastic and all-pervasive cultural symbol.
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